How Mediation Works?
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How mediation works will depend upon the type of mediation you enter into, your mediator and how the parties in dispute approach the mediation process and how they act once in the mediation.
1. If we use as an example, a commercial mediation that is conducted face to face over a commercial dispute, so Mr X suing Company Z for a breach of contract.
Any face to face mediation will start with a pre mediation meeting, which gives each party the chance to ask the mediator or mediators if there is more than one any questions about the mediation process and the mediators role, and to highlight anything that they think is key and that the mediators should know before the mediation starts.
At this point the mediator will also get all those present to sign the agreement to mediate which simply is a document which explains what the mediation process is, the role of the mediator amongst various other aspects such as the confidential and voluntary nature of the process.
Once the pre mediation meetings have taken place with each, all parties, unless the parties refuse, or there is a specific reason not to, the first opening joint session will take place.
How Mediation Works – 1. First opening joint session
This is where the mediator will introduce themselves and explain in detail what their role is and how the process is going to work as well as explain what the ground rules are, such as speaking one at a time amongst others and what they do and don’t expect from the parties.
The session also allows the parties to deliver their position statements through their solicitors and or to deliver them direct, a position statement typically will be a summary of the background of the dispute, where the parties are at now and what they wish to achieve going forward to end their dispute.
This allows for the parties and their solicitors to discuss the dispute with each other direct under the guidance of the mediator, a question and answer session, explanation and for a dialogue to be established.
There is no pattern or science behind how long a first opening joint session will last this will simply depend upon how the parties interact with one another, keeping parties together can be very constructive for the mediation process however it can be very destructive also.
As a mediator I try my best to keep parties together for as long as possible, however as soon as I sense from the atmosphere, what is being said, what has not been said and the moods of the parties, something which is not going to progress the mediation, then I end the first opening joint session and ask to see the parties separately.
The purpose of the separate meetings or caucuses as some people refer to them are to allow the parties to air their views and speak in confidence in the absence of the other party, as they may feel more comfortable sharing certain issues without the other side present.
Any separate meetings should last around the same length of time with each party where possible. The mediator will use a series of separate and joint meetings throughout the day until an agreement is reached, whereby that will then be committed to writing and will be drafted as a consent order if court proceedings have started or a binding contact between the parties if court action has not started.
How Mediation Works – 2. Your mediator
The more experienced your mediator is the more your mediation will work, as they will know how to lead the parties, when to split them for separate meetings, bring them back together for joint meetings, how to prep them in what they perhaps should and should not say and do, how to guide their negotiations and guide them in making, accepting offers.
How Mediation Works – 3. The parties approach to the mediation
Even if a mediation in terms of the process has been followed, you have an experienced mediator, the mediation will only work if the parties approach the mediation in good faith and are open minded and willing to work and achieve a solution, if the parties are not willing to negotiate and compromise then the mediation will only go so far.
Mediation Process Video
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2002 CEDR, Academy of Experts, ADR Group Accredited Mediator. 21+years of experience. 1000+ mediation’s, 90% success rate. Mediated every type of commercial, workplace, boundary & family dispute. CIArb mediation assessor & trainer since 2007. ADR Group, Head of Mediation Training 2018 – 2020. English & Punjabi speaker.Harvinder Singh BhurjiLLB (Hons), QDR(M), MCIArb, MCMI, CTLLS
Director, International Commercial & Workplace Mediator & Trainer
1998 CEDR & ADR Group Accredited Mediator. 25 years experience, CIArb & RICS mediation trainer & assessor. Coach since 1987. Specialisms racial discrimination, unfair & constructive dismissal, bullying. Property, family businesses, construction, professional negligence. Director, partnerships, business, joint venture, debt, employment.Jane WalmsleyBA, LLB, LLM, MCIArb, UKCP, MBACP
Psychotherapist, Coach, Commercial &
Workplace Mediator, Barrister (non-practicing)
2004 ADR Group Accredited Mediator. 19 years mediation experience. CIArb Commercial Mediation Assessor. Solicitor & Consultant at Freeths 45+ years. Specialisms, dispute resolution, professional negligence, clinical negligence, product liability, personal injury, defamation & sports law.Paul BalenLLB (Hons), Solicitor & Consultant at Freeths LLP,
Director of Trust Mediation, Commercial Mediator
Dentist, CIArb & ADR Group Accredited Mediator, 18 years mediation experience, has been involved in over 100 civil & commercial mediations.Dr. Michael ButterworthBDS, DGDP(UK), MFDS (RCS Eng), LLM, MCIArb
Dentist & Commercial & Family Mediator
2005 ADR Chambers Accredited Mediator. 18 years mediation experience. Chartered Accountant & Insurance Practitioner. Expert witness. Specialisms, insurance, liquidations, professional negligence, construction & boundaries.David S BlackBSc (Hons) CA FCII FCILA ACIArb MEWI
Commercial Mediator & Accountant
2017 CEDR Accredited, 6 years mediation experience. Specialisms, commercial, company, contract, property, probate, IP & professional negligence.Tim BennettPartner & Head of Dispute Resolution
at Bray & Bray Solicitors, 2007 - 2020.
CEDR Accredited Commercial Mediator
2005 CEDR Accredited Mediator, 18 years mediation experience. Proprietor of Beaumonde Law Practice, Solicitor & employment law specialist. Specialisms company, unfair dismissal, discrimination & compromise agreements. English & Punjabi speaker.Sundeep Singh BhatiaEmployment Solicitor & Commercial Mediator
2011 CIArb Accredited Mediator. 12 Years Mediation Experience. 400+ mediations. CIArb Mediation Assessor. Specialisms, construction, property, commercial, boundaries, probate & professional negligence.Bruce BourneMRICS, MCIArb, Chartered Surveyor, Commercial Mediator
2009 RICS Accredited Mediator. 14 years mediation experience. Fellow of the Royal Institution of Chartered Surveyors. Expert Witness, Determination. Specialisms construction, dilapidations, property & boundary.Richard CavadinoChartered Quantity Surveyor & Commercial Mediator
2010 CIArb Accredited Mediator. 13 years mediation experience. Specialisms, construction, engineering, contract, employment, partnership, shareholder & professional negligence disputes.Martin CollingwoodSolicitor, Commercial Mediator,
Arbitrator, Adjudicator, Med – Arb specialist
2004 CEDR & ADR Group Accredited Mediator. 19 years mediation experience. Barrister, conducted 110+ mediations. Specialisms, boundary, landlord & tenant, employment, contractual disputes.David DalyBarrister & Commercial Mediator
1996 CIArb Accredited mediator. 27 years mediation experience. Qualified as a solicitor in 1962. Specialisms. all forms of building and civil engineering projects in the UK & overseas.Roderick O'DriscollFCIArb, MBEng, Chartered Arbitrator, Accredited Mediator,
Notary Public, Qualified Solicitor of the Supreme Court
1998 Academy of Experts Accredited Mediator. Qualified Dispute Resolver. 25 years mediation experience. CIArb commercial mediation course tutor & assessor. Issued well over 400 awards, decisions in civil & commercial disputes. Specialisms all commercial matters.Ike EhiribeLLB (Hons) lagos, B.L, FCIArb, FSIArb, QDR, Barrister, Chartered
Arbitrator, Adjudicator, Visiting Professor & Commercial Mediator
2003 CEDR Accredited Mediator. 20 years mediation experience. Manchester University lecturer, visiting lecturer & professor at several overseas universities. CIArb commercial mediation course tutor & assessor. Specialisms construction & engineering.Dr. Peter FennBSc PhD FRICS FCIArb, Academic, Quantity Surveyor,
Adjudicator, Arbitrator & Commercial Mediator
1996 CEDR Accredited Mediator. 27 years mediation experience. CIArb commercial mediation course tutor & assessor. Specialisms, construction, contracts, corporate sale, landlord & tenant, employment, personal injury & professional negligence.Grant GoodladBarrister & Commercial Mediator
2002 CEDR Accredited Mediator. 21 years mediation experience. Consensio workplace mediation course trainer. Specialisms, business, charities, contract, education, workplace, landlord & tenant, media, partnership, public sector, wills & probate.Carolyn GrahamCommercial & Workplace Mediator
ADR Group Accredited Mediator. 17 years mediation experience. 19 years as a civil litigator. Specialisms, personal injury, clinical & professional negligence, partnership, employment, landlord & tenant, commercial contract, boundary & probate disputes.Phil HeskethSolicitor till 2008, Commercial Mediator
1997 ADR Group Accredited Mediator. 26 years mediation experience. Head of insurance litigation department, specialising in personal injury & insurance litigation. Specialisms, personal injury, professional negligence, partnership, landlord & tenant.Paul Hughes Solicitor & Commercial Mediator
2003 ADR Chambers Accredited Mediator. 20 years mediation experience. Specialisms, contract, debt recovery, consumer, property, repossessions, & personal injury.Maz Adam IqbalLLB (Hons), PGDip, MCIArb, CeMap,
Barrister, Mortgage Advisor & Commercial Mediator
2007 ADR Group Accredited Mediator.16 years mediation experience. Specialisms, property, insurance, construction, professional negligence, boundaries, landlord & tenant & engineering.Russell JonesSolicitor & Commercial Mediator
2008 Accredited Mediator. 15 years mediation experience. Specialisms, commercial, company, contract, employment, insolvency & personal injury law.Joe Al KhayatBarrister & Commercial Mediator
2003 CEDR Accredited Mediator. 2004 ADR Group Accredited Mediator. 20 years mediation experience. Various directorships. Specialisms, building, construction, family business, partnership, commercial contracts, landlord & tenant & professional negligence.Robin LeaBSc Mech Engineering, Commercial Mediator
1999 CEDR Accredited Mediator. 90% success rate. 24 years mediation experience. Specialisms, contract, employment, boundary, building & construction.Edward LegardBarrister, Employment Judge & Commercial Mediator
2007 ADR Group Accredited Mediator. 16 years mediation experience. Specialisms, construction, property, commercial landlord & tenant, boundary, shared ownership, occupation & Inheritance Act disputes.Michael McCourtLLB MSc FCIArb, Deputy District
Judge, Commercial & Family Mediator
2001 ADR Group Accredited Mediator. 22 years mediation experience. Specialisms, building, construction, civil engineering, professional negligence, boundary & contracts.Paul NewmanBarrister, Adjudicator & Commercial Mediator
2002 ADR Group Accredited Mediator. 21 years mediation experience. Qualified as a Solicitor in 1982. Family Mediator (MIAMs) trained also. Specialisms, family, probate, contract, debt recovery, & workplace disputes.Frances PlaceCommercial & Family Mediator
1997 ADR Group Accredited Mediator. 26 years mediation experience. Solicitor since 1991, for many years having obtained a Ist Class Honours Law Degree from Liverpool University. Specialisms, commercial, company, contract, employment, insolvency & personal injury law.John RocheLLB (Hons) Solcitor & Commercial Mediator
2007 ADR Group Accredited Mediator. 16 years mediation experience. Family & workplace mediation trained. Specialisms, probate, landlord / tenant, boundary, partnership, building, contract, insurance, professional negligence, family & workplace.Julian RendallLLM, MCIArb, FMCA, MIAM's PPC
Supervisor, Commercial, Workplace & Family Mediator
2002 CEDR Accredited Mediator. 21 years mediation experience. Specialisms, business, company, contract, debt recovery, director & partnerships.Jeffrey C RosenthalBSc (Econ) FCCA FCIArb MAE, Accountant,
Arbitrator, Expert Witness & Commercial Mediator
2008 ADR Group Accredited Mediator. 15 years mediation experience. Was a solicitor for 9 years, before being called to the Bar. Specialisms, litigation, trusts of land, property, landlord tenant & unlawful eviction.Tom RussellBarrister & Commercial Mediator
2008 ADR Chambers Accredited Mediator. 15 years mediation experience. Director at Davisons Solicitors & Head of the Dispute Resolution Team. Specialisms, construction, probate, family, employment, contract & professional negligence.Umran SadiqSolicitor & Commercial Mediator
2007 CIArb Accredited Mediator. 16 years mediation experience. Senior Counsel, Arbitrator, Conciliator, Med Arb & Expert Determination specialist. Specialisms, building, construction, civil engineering, rail, marine, energy, site remediation, professional negligence, contract & partnerships.Ken SalmonMCIArb, Consultant Solicitor & Commercial Mediator
2005 CEDR Accredited Mediator. 18 years mediation experience. Family Mediator also. Vice President of the Law Society of England & Wales. English, Punjabi & Urdu speaker. Specialisms, property, boundary, directors, probate & contract.Lubna ShujaSolicitor, Commercial & Family Mediator
2003 ADR Group Accredited Mediator. 20 years mediation experience. 70+ mediations. Specialisms, workplace, insurance, professional negligence, contract, property & private equity.Louisa TaylorSolicitor & Commercial Mediator
2002 CEDR Accredited Mediator. 21 years mediation experience. CIArb commercial mediation assessor. Issued over 175 arbitration awards. Co-author of ‘The Arbitration Act 1996 – A Commentary’. Principal Lecturer, University of the West of England. Specialisms, property, commercial & construction.Jonathan TecksMA, FCIArb, DiplCArb, Barrister,
Arbitrator, Academic & Commercial Mediator
2004 CEDR Accredited Mediator. 19 years mediation experience. Specialisms, construction, property, commercial, IT, market/industry analysis & business cases.Dr Paul WheatlyCommercial Mediator
2003 ADR Chambers Accredited Mediator. 20 years experience. Family & workplace mediation trained. Specialisms, construction, engineering, PFI/Projects, professional negligence, neighbour, litigation, family & workplace.Peter WebsterSolicitor, Commercial, Workplace & Family Mediator
2019 Accredited Mediator. 4 Years Mediation Experience. Managing Partner Gotelee LLP. Employment Solicitor, specialisms, workplace, employment & commercial litigation.Andrew WestSolicitor, Commercial & Workplace Mediator
20 Years of Experience, 1000+ Mediations, 90% success rate, mediated every type of commercial & workplace dispute.Harvinder Singh Bhurji
Jane encourages people to take full advantage of the mediation process and the control...Jane Walmsley
Dispute resolution; Professional negligence including Clinical Negligence; Product Liability; personal injury...Paul Balen
Conduct of employment law matters including unfair dismissal, discrimination and compromise agreement.Sundeep Singh Bhatia
Grants background involves both commercial and contentious aspects of the law.Grant Goodlad
She works cross sector and has mediated a wide range of disputes especially employment and workplace.Carolyn Graham
Professional Mediator accredited by ADR Group in 2006 with 19 years experience as a civil litigation solicitorPhil Hesketh
Specialist employment practitioner covering all major aspects of employment law.Edward Legard
Founded and managed Family Mediation Department at Lyons Davidson for 11 years.Frances Place
Louisa is an experienced and highly competent mediator with a background in private equity.Louisa Taylor
Construction & Engineering, PFI/Projects, Professional Negligence, Neighbour Disputes, Commercial Litigation..Peter Webster